HomeMy WebLinkAbout21282 Approval Letter
October 25, 2021 Chris Wasia Genesis Engineering, Inc. 204 N. 11th Ave. Bozeman, MT 59715
RE: Soper Minor Subdivision Preliminary Plat Application 21282 Preliminary Approval
Dear Genesis Engineering, Inc., On September 21, 2021, the Bozeman City Commission met to consider your application for a preliminary plat to allow the subdivision of one lot of 0.74 acres to create two lots, one of 0.43 acres and one of 0.31 acres.
After the City Commission reviewed and considered the application materials, staff report, advisory review board recommendations, public comment, and all the information presented, they made individual findings and voted to approve the motion to approve the application. The Commission agreed that the application met the criteria established by the Bozeman Municipal Code. Therefore, the application was approved with conditions and applicable code provisions. The Findings of Fact and Order for this subdivision was authorized for the Mayor to sign on October 19, 2021.
The City Commission’s review, deliberation and findings may be found under the linked minutes and recorded video of the meetings located at this web page filed under the date 9/21/2021:
https://bozeman.granicus.com/player/clip/153?view_id=1&redirect=true
The following conditions of approval and code provisions are required for this application:
Conditions of approval: 1. BMC 38.220.070 - The final plat must contain the following notation on the Conditions of Approval sheet prior to Final Plat Approval: a. Development creating only one additional dwelling unit or increasing occupancy of group quarters by no more than four persons is exempt from parkland contribution pursuant to 38.420.020.B, therefore, development on [describe new lot] may add one residential unit under the exemption. Subsequent units on either lot will no longer meet the exemption and will require parkland contribution (38.420.020.C).
2. BMC 38.240.470. Upon submittal of the final plat, please provide the approved Municipal Facilities Exclusion from the Department of Environmental Quality.
3. BMC 38.400.020. a. The applicant provided an adequate draft SID Waiver draft for the above noted property. The applicant must execute and file the SID Waiver with the county clerk and provide a copy of the final executed and filed SID waiver to the project engineer prior to final plat approval.
4. BMC 38.410.060. a. The applicant provided adequate drafts of the 10’ utility easement and 20’ storm drainage easement. The applicant must provide hard copies of the easements to the project engineer for reporting to the commission and filing with the county clerk. The easements must be recorded and filed with the county prior to final plat approval. b. The final plat must provide all existing and proposed utility easements and must be described, dimensioned and shown on each subdivision block of the final plat in their true and correct location. 5. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been provided with Final Plat, then water rights or cash-in-lieu must be provided with any future site plan development or applicable development application.
Code provisions:
1. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. BMC 38.240.150. The final plat must conform to all requirements of the Bozeman Municipal Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s office has elected to continue the existing medium requirements of 2 mylars with a 1½” binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the new Conditions of Approval sheet as the last same sized mylar sheet in the plat set. 3. BMC 38.240.510. Please include a separate sheet as part of the plat for conditions of approval. Said sheet must contain the certificate denoted in this section of the BMC which states the following: NOTIFICATIONS AND CERTIFICATIONS (I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied.
(I), (We), the undersigned property owner(s), do hereby certify that the information shown is current as of the date of this certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants,
zoning regulations, easements, or other documents as allowed by law or by local regulations. (I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and local plans, policies, regulations, and/or conditions of subdivision approval may limit the use of the property, including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use of the property prior to closing. DATED this _______ day of _______, _______. (Acknowledged and notarized signatures of all record owners of platted property) This City Commission decision may be appealed according to the provisions of BMC 38.250.090. An aggrieved person may present to the court of record a petition, duly verified, setting forth that such decision is illegal in whole or part and specifying the grounds of illegality. Such petition shall be presented to the court within the timeframe established by state law. If you have any questions, please contact me at 582-2963 or nlyon@bozeman.net. Respectfully, Nakeisha Lyon, AICP, Associate Planner
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Bozeman City Commission Findings of Fact and Order for the Soper Minor
Subdivision 21282
Public Meeting Date: The City Commission public meeting and decision was held Tuesday,
September 21, 2021 at 6:00 p.m via WebEx. https://www.bozeman.net/government/city-
commission/city-commission-video
Project Description: A first minor preliminary plat application requesting permission to
subdivide 0.74 acres to create two lots, one of 0.43 acres, and one of 0.31 acres. The
property is zoned R-2, Residential Moderate Density District and is located in the NCOD,
Neighborhood Conservation Overlay District.
Project Location: The property is addressed as 918 South Tracy Avenue and located South of
East Harrison Street, East of South Tracy Avenue, West of South Black Avenue, and
North of East Garfield Street. The property is legally described as Section 18, Township
02 South, Range 06 East, Tract 3, Being 180’ x 210’ N2NW4, City of Bozeman, Gallatin
County, MT.
Approved Recommendation: The application conforms to standards and is sufficient for
approval with conditions and code provisions.
Approved Motion: “Having reviewed and considered the application materials, public
comment, and all the information presented, I hereby adopt the findings presented in the
staff report for application 21282 and move to approve the Soper Minor Subdivision with
conditions and subject to all applicable code provisions.”
Report Date: September 13, 2021
Staff Contact: Nakeisha Lyon, Associate Planner
Agenda Item Type: Action (Quasi-judicial)
EXECUTIVE SUMMARY
Unresolved Issues
There are no known unresolved issues.
Project Summary
This report is based on the application materials submitted and any public comment received to
date.
The Department of Community Development received a Preliminary Plat Application on July
14, 2021 requesting a first minor subdivision of one lot of 0.74 acres to create two lots, one of
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0.43 acres and one of .31 acres. The property is zoned R-2, Residential Moderate Density
District and is located in the NCOD, Neighborhood Conservation Overlay District.
There are three existing structures located on the subject property, a single family home,
detached garage and chicken coop. These structures have been deemed non-eligible historic
structures as they do not meet the definition provided in article 7 of the Bozeman Municipal
Code (BMC) for historic structures. The existing structures are not eligible for the National
Register of Historic Places per the applicable 2021 Montana Historic Property Record Survey
conducted on the subject property.
In order to subdivide the subject property and meet applicable form and intensity standards of the
R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within
a NCOA, Neighborhood Certificate of Appropriateness, application 21-036 based on their non-
eligible status. The future development of these lots will be require NCOA applications to
evaluate any proposed structures in conformance with The Design Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay, and Section 38.340.050 of the BMC.
This subdivision is a first minor subdivision from a tract of record and does not require Planning
Board review. State statute requires the City Commission to consider and make a decision on the
subdivision application and the Community Development Director’s recommendation during a
regular public meeting.
On August 31, 2021, the Development Review Committee (DRC) found the application adequate
for continued review and recommends the conditions and code provisions identified in this
report.
The subdivider did not request any subdivision or zoning variances with this application. The
City has received four written public comments on the application as of the writing of this report.
The final decision for a first minor subdivision preliminary plat must be made within 35 working
days of the date it was deemed adequate; in this case by October 20, 2021.
The public meeting date for the City Commission was September 21, 2021. The hearing was
held via WebEx.
The City Commission met to consider the application for a preliminary plat for the subdivision
of 0.74 acres to create two residentially-zoned lots. There were no members of the public that
spoke at the hearing which can be viewed at the link below.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comment, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
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The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under September 21, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
Alternatives
There are no alternatives at this time.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ........................................................... Error! Bookmark not defined.
Unresolved Issues. ............................................................. Error! Bookmark not defined.
Project Summary ................................................................ Error! Bookmark not defined.
Alternatives ......................................................................................................................... 3
SECTION 1 – MAP SERIES .......................................................................................................... 5
SECTION 2 – REQUESTED VARIANCES ................................................................................. 7
SECTION 3 – CONDITIONS OF APPROVAL ............................................................................ 7
SECTION 4 – CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS ....................... 8
SECTION 5 – APPROVAL AND FUTURE ACTIONS ............................................................... 9
SECTION 6 – STAFF ANALYSIS and findings ........................................................................... 9
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.e, BMC. ...................... 9
Primary Subdivision Review Criteria, Section 76-3-608 ................................................. 12
Preliminary Plat Supplements ........................................................................................... 14
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS ......................... 17
APPENDIX A – PROJECT SITE ZONING AND GROWTH POLICY..................................... 19
APPENDIX B – DETAILED PROJECT DESCRIPTION .......................................................... 19
APPENDIX C – NOTICING AND PUBLIC COMMENT ......................................................... 19
APPENDIX D – PROJECT BACKGROUND ............................................................................. 20
APPENDIX E – OWNER INFORMATION AND REVIEWING STAFF ................................. 20
FISCAL EFFECTS ....................................................................................................................... 20
ATTACHMENTS ......................................................................................................................... 20
PUBLIC COMMENTS ………………………………………………………………………….21
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SECTION 1 – MAP SERIES
Figure 1. Zoning Classification
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Figure 2. Preliminary Plat
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SECTION 2 – REQUESTED VARIANCES
The subdivider did not request any subdivision or zoning variances with this preliminary plat
application.
SECTION 3 – CONDITIONS OF APPROVAL
Please note that these conditions are in addition to any required code provisions identified in this
report. These conditions are specific to the preliminary plat application. Staff has considered the
impacts as identified in the staff analysis and application materials and these conditions of
approval are reasonably related and roughly proportionate to the development.
1. BMC 38.220.070 - The final plat must contain the following notation on the Conditions
of Approval sheet prior to Final Plat Approval:
a. Development creating only one additional dwelling unit or increasing
occupancy of group quarters by no more than four persons is exempt from
parkland contribution pursuant to 38.420.020.B, therefore, development on
[describe new lot] may add one residential unit under the exemption.
Subsequent units on either lot will no longer meet the exemption and will
require parkland contribution (38.420.020.C).
2. BMC 38.240.470. Upon submittal of the final plat, please provide the approved
Municipal Facilities Exclusion from the Department of Environmental Quality.
3. BMC 38.400.020.
a. The applicant provided an adequate draft SID Waiver draft for the above
noted property. The applicant must execute and file the SID Waiver with the
county clerk and provide a copy of the final executed and filed SID waiver to
the project engineer prior to final plat approval.
4. BMC 38.410.060.
a. The applicant provided adequate drafts of the 10’ utility easement and 20’
storm drainage easement. The applicant must provide hard copies of the
easements to the project engineer for reporting to the commission and filing
with the county clerk. The easements must be recorded and filed with the
county prior to final plat approval.
b. The final plat must provide all existing and proposed utility easements and
must be described, dimensioned and shown on each subdivision block of the
final plat in their true and correct location.
5. BMC 38.410.130.C. If water rights or cash-in-lieu of water rights, have not been
provided with Final Plat, then water rights or cash-in-lieu must be provided with any
future site plan development or applicable development application.
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SECTION 4 - CODE REQUIREMENTS REQUIRING PLAT CORRECTIONS
The following are procedural requirements not yet demonstrated by the plat and must be satisfied
at the final plat.
1. BMC 38.100.080.A. The applicant is advised that unmet code provisions, or code provisions
that are not specifically listed as conditions of approval, does not, in any way, create a waiver
or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
2. BMC 38.240.150. The final plat must conform to all requirements of the Bozeman Municipal
Code and the Uniform Standards for Subdivision Plats (Uniform Standards for Certificates of
Survey and Subdivision Plats (24.183.1104 ARM) and shall be accompanied by all required
documents, including certification from the City Engineer that as-built drawings for public
improvements were received, a platting certificate, and all required and corrected certificates.
The Final Plat application shall include three (3) signed reproducible copies on a 3 mil or
heavier stable base polyester film (or equivalent). The Gallatin County Clerk & Recorder’s
office has elected to continue the existing medium requirements of 2 mylars with a 1½”
binding margin on one side for both plats and COS’s. The Clerk and Recorder will file the
new Conditions of Approval sheet as the last same sized mylar sheet in the plat set.
3. BMC 38.240.510. Please include a separate sheet as part of the plat for conditions of approval.
Said sheet must contain the certificate denoted in this section of the BMC which states the
following:
NOTIFICATIONS AND CERTIFICATIONS
(I), (We), the undersigned property owner(s), do hereby certify that the text and/or graphics shown on the Conditions of Approval sheet(s) represent(s) requirements by the governing body for final plat approval and that all conditions of subdivision application have been satisfied.
(I), (We), the undersigned property owner(s), do hereby certify that the information
shown is current as of the date of this certification, and that changes to any land-use restrictions or encumbrances may be made by amendments to covenants, zoning regulations, easements, or other documents as allowed by law or by local regulations.
(I), (We), the undersigned property owner(s), do hereby certify that (I) (We) acknowledge that federal, state, and local plans, policies, regulations, and/or conditions of
subdivision approval may limit the use of the property, including the location, size, and use as shown on the Conditions of Approval sheet or as otherwise stated. Buyers of property should ensure that they have obtained and reviewed all sheets of the plat and all documents recorded and filed in conjunction with the plat. Buyers of property are strongly encouraged to contact the local planning department and become informed of any limitations on the use
of the property prior to closing.
DATED this _______ day of _______, _______.
(Acknowledged and notarized signatures of all record owners of platted property)
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SECTION 5 – APPROVAL AND FUTURE ACTIONS
The DRC determined that the application is adequate for continued review and found that
application conforms to standards and is sufficient for approval with conditions and code
provisions on August 31, 2021.
This subdivision is a first minor subdivision from a tract of record and does not require Planning
Board review. State statute requires the City Commission to consider and make a decision on the
subdivision application and the Community Development Director’s recommendation during a
regular public meeting.
A public meeting was held in front of the City Commission on this minor subdivision
preliminary plat on September 21, 2021 via WebEx.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under September 21, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
SECTION 6 – STAFF ANALYSIS AND FINDINGS
Analysis and resulting recommendations are based on the entirety of the application materials,
municipal codes, standards, and plans, public comment, and all other materials available during
the review period. Collectively this information is the record of the review. The analysis is a
summary of the completed review.
Applicable Subdivision Review Criteria, Section 38.240.130.A.5.b, BMC.
In considering applications for subdivision approval under this title, the advisory boards and City
Commission shall consider the following:
1) Compliance with the survey requirements of Part 4 of the Montana Subdivision and
Platting Act
The preliminary plat has been prepared in accordance with the survey requirements of the Montana
Subdivision and Platting Act by a Professional Engineer registered in the State of Montana. As
noted in the code requirements, the final plat must comply with State statute, Administrative Rules
of Montana, and the BMC. A conditions of approval sheet must be included and updated with the
required notations can be added as required by conditions or code.
2) Compliance with the local subdivision regulations provided for in Part 5 of the Montana
Subdivision and Platting Act
The final plat must comply with the standards identified and referenced in the BMC. The applicant
is advised that unmet code provisions, or code provisions that are not specifically listed as a
condition of approval, does not, in any way, create a waiver or other relaxation of the lawful
requirements of the Bozeman Municipal Code or State law. Sections 3 and 4 of this report identify
conditions and code corrections necessary to meet all regulatory standards. Therefore, upon
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satisfaction of all conditions and code corrections the subdivision will comply with the local
subdivision regulations.
3) Compliance with the local subdivision review procedures provided for in Part 6 of the
Montana Subdivision and Platting Act
The Bozeman City Commission public meeting was properly noticed in accordance with the
Bozeman Municipal Code. Based on the recommendation of the Development Review
Committee (DRC) and other applicable review agencies, as well as any public testimony
received on the matter, the City Commission will make the final decision on the subdivider’s
request.
The Department of Community Development received a preliminary plat application on July 13,
2021. The DRC reviewed the preliminary plat application and determined the submittal did not
contained detailed, supporting information that was sufficient to allow for the continued review
of the proposed subdivision on August 16, 2021.
A revised application was received on August 25, 2021. The DRC determined the application
was adequate for continued review on August 31, 2021 and recommended conditions of approval
and code corrections for the staff report.
The City scheduled public notice for this application from September 3, 2021 to September 17,
2021. The applicant posted public notice on the subject property on September 2, 2021. The
applicant sent public notice to adjacent landowners of record within 200-feet of the subject
property via non-certified mail on September 2, 2021. Four public comments were received on
this application as of the writing of the staff report. Three additional public comments were
received prior to the end of the public notice period and enclosed in this findings of fact and
order.
On September 13, 2021 staff completed and forwarded the staff report for this first minor
subdivision preliminary plat application with a recommendation of conditional approval for
consideration by the City Commission, which was held on the September 21, 2021 public
meeting.
After the City Commission reviewed and considered the application materials, staff report,
advisory review board recommendations, public comments, and all the information presented,
they made individual findings and voted 5:0 to approve the motion to approve the application.
The Commission agreed that the application met the criteria established by the Bozeman
Municipal Code. Therefore, the application was approved with conditions and applicable code
provisions outlined in these findings.
The City Commission’s review, deliberation and findings may be found under the linked minutes
and recorded video of the meetings located at this web paged filed under September 21, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
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4) Compliance with Chapter 38, BMC and other relevant regulations
Community Development Staff and the DRC reviewed the preliminary plat against all applicable
regulations and the application complies with the BMC and all other relevant regulations with
conditions and code corrections. This report includes Conditions of Approval and required code
provisions as recommended by the DRC for consideration by the City Commission to complete
the application processing for final plat approval. All municipal water and sewer facilities will
conform to the regulations outlined by the Montana Department of Environmental Quality and
the requirements of the Design Standards and Specifications Policy and the City of Bozeman
Modifications to Montana Public Works Standard Specifications.
5) The provision of easements to and within the subdivision for the location and installation
of any necessary utilities
The final plat will provide and depict all necessary utilities and required utility easements.
Condition of approval 4 requires that all easements, existing and proposed, must be accurately
depicted and addressed on the final plat and in the final plat application. Additionally, the applicant
has provided adequate drafts of the 10’ utility easement and 20’ storm drainage easement
located on the subject property. The applicant must provide hard copies of the easements to
the project engineer for reporting to the commission and filing with the county clerk. The
easements must be recorded and filed with the county prior to final plat approval.
6) The provision of legal and physical access to each parcel within the subdivision and the
notation of that access on the applicable plat and any instrument transferring the parcel
The final plat will provide legal and physical access to each parcel within the subdivision via South
Tracy Avenue which is a public street classified under the local designation. All of the proposed
lots have frontage on South Tracy Avenue. Lot access will be in conformance with the city design
standards and specifications per the BMC requirements.
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Primary Subdivision Review Criteria, Section 76-3-608
1) The effect on agriculture
This subdivision will not impact agriculture. The subject property is designated as Urban
Neighborhood according to the City of Bozeman Community Plan. The area is zoned for
residential moderate density development. The intent of the application denotes the development
of a single-household dwelling unit on one of the lots (Lot 2), and a two household dwelling unit
on the other (Lot 1). There is no type of agricultural production or any agricultural operations in
the vicinity of the proposed subdivision. The NRCS Soil Survey shows the project area to only
contain UL (Urban Land) soil types.
There are three existing structures located on the subject property which have been deemed non-
eligible historic structures and were approved for demolition on April 1, 2021, within NCOA
application 21-036.
2) The effect on Agricultural water user facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed
3) The effect on Local services
Water/Sewer – Adequate water and sewer capacity exists to serve the one additional lot created
by this subdivision. Per condition of approval 5, if water rights or cash-in-lieu of water rights,
have not been provided with Final Plat, then water rights or cash-in-lieu must be provided
with any future site plan development or applicable development application.
Utilities – Utilities to serve the one additional lot created by this subdivision exist. There is an
existing ¾” gas service and overhead electric service that need to be disconnected and/or
removed prior to the demolition of the existing structures. NorthWestern Energy will be
providing gas and electrical services to the proposed subdivision when requested by the applicant
or future property owners during the future site development of the lots.
Streets –The preliminary plat utilizes South Tracy Avenue (local) to provide primary site
connectivity. There are no proposed public or private streets, or substantial improvements to
existing streets (South Tracy Avenue). Any modification to South Tracy Avenue will only
include curb cuts for driveways into the two lots. All maintenance is already provided by the
City of Bozeman for the existing public streets adjacent to the subject property. A traffic impact
study is not necessary for the addition of one residential lot in this urban setting as daily traffic
generated will not be measurably affected.
Police/Fire – The City of Bozeman’s Police and Fire emergency response area includes the
subject property. This subdivision does not impact the City’ ability to provide emergency
services to the property.
Stormwater - The first minor subdivision will not impact stormwater infrastructure as existing
drainage and stormwater capacity exists to serve the one additional lot created by this
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subdivision. The stormwater analysis and calculations provided by the applicant during the
Preliminary Plat indicate that the proposed storm water facilities and management plan for the
proposed subdivision is adequate to safely convey the 10-year storm event and to satisfy the City
of Bozeman regulations for 10-year peak attenuation.
Parklands - The proposed subdivision is not required to provide parklands based on the proposed
creation of one additional lot or one additional dwelling unit, and condition of approval 1 denotes
that any subsequent units on either lot will no longer meet the exemption and will require
parkland contribution (38.420.020.C). Therefore, parklands, either land dedication, or cash in
lieu of land dedication, may be required upon development of the one additional lot if said lot is
a two-household dwelling unit.
4) The effect on the Natural environment
No significant physical or topographical features have been identified, (e.g., outcroppings,
geological formations, steep slopes), on the subject property. Provisions will be made to address
the control of noxious weeds and maintenance of the property through an approved Weed
Management Plan (WMP) on file with the Gallatin County Weed District for Soper Minor
Subdivision which is valid from June 7, 2021 – June 7, 2023.
5) The effect on Wildlife and wildlife habitat
The subdivision will not significantly impact wildlife and wildlife habitat. There are no key
wildlife areas that exist on this urban property. Pet/human activity is already very prevalent in
the area and public access to parks or trails is not affected. There are no known endangered or
threatened species on the property.
6) The effect on Public health and safety
With the recommended conditions of approval and required plat corrections, the subdivision will
not significantly impact public health and safety. The intent of the regulations in Chapter 38 of
the BMC is to protect the public health, safety and general welfare. The subdivision has been
reviewed by the DRC which has determined that it is in general compliance with the title with
conditions and code provisions. Any other conditions deemed necessary to ensure compliance
have been noted throughout this staff report. Code correction 1 requires full compliance with all
applicable code requirements.
In addition, all subdivisions must be reviewed against the criteria listed in 76-3-608.3.b-d,
Montana Code Annotated (MCA). As a result, the Department of Community Development
reviewed this application against the listed criteria and further provides the following summary
for submittal materials and requirements.
This report includes findings to justify the recommended site-specific Conditions of Approval for
reasonable mitigation of impacts from the proposed minor subdivision.
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Preliminary Plat Supplements
A subdivision pre-application plan review was completed by the DRC on June 24, 2021.
Staff offers the following summary comments on the supplemental information required with
Article 38.220.060, BMC.
38.220.060.A.1 Surface Water
This subdivision will not significantly impact surface water. The Mathew Bird Creek is a surface
water that runs north-south to the east of the subject property. There are no natural or artificial
water systems running through or affecting the property. On June 2, 2021, the applicant
requested a waiver of this supplemental information which was granted on June 24, 2021.
38.220.060.A.2 Floodplains
No mapped 100-year floodplains impact the subject property. This subdivision will not be
impacted by floodplains. The water systems mentioned above do not affect the project area. Zone
X and Zone AE are delineated along the boundaries of the Mathew Bird Creek. On June 2, 2021,
the applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
38.220.060.A.3 Groundwater
This subdivision will not significantly impact groundwater. The existing buildings and
topographic relief demonstrate this. On June 2, 2021, the applicant requested a waiver of this
supplemental information which was granted on June 24, 2021.
38.220.060.A.4 Geology, Soils and Slopes
This subdivision will not significantly impact the geology, soils or slopes. No significant
geological features or slopes exist on the site. On June 2, 2021, the applicant requested a waiver
of this supplemental information which was granted on June 24, 2021.
38.220.060.A.5 Vegetation
There are no major vegetation types or critical plant species present on this site only small
landscaping features like trees, bushes, and grass exist. On June 2, 2021, the applicant requested
a waiver of this supplemental information which was granted on June 24, 2021.
38.220.060.A.6 Wildlife
This subdivision will not significantly impact wildlife. The proposed subdivision does not
contain any known critical, significant or key wildlife areas. Please see discussion above under
primary review criteria for more information. On June 2, 2021, the applicant requested a waiver
of this supplemental information which was granted on June 24, 2021.
38.220.060.A.7 Historical Features
This subdivision will not significantly impact historical features. The subdivision is not located
in any of the historic districts. There are also no known historic, archaeological, or cultural sites
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around the vicinity of the subject property. On June 2, 2021, the applicant requested a waiver of
this supplemental information which was granted on June 24, 2021.
The proposed subdivision is located within the NCOD. There are three existing structures located
on the subject property, a single family home, detached garage and chicken coop. These
structures have been deemed non-eligible historic structures as they do not meet the definition
provided in article 7 of the Bozeman Municipal Code (BMC) for historic structures. The existing
structures are not eligible for the National Register of Historic Places per the applicable 2021
Montana Historic Property Record Survey conducted on the subject property.
In order to subdivide the subject property and meet applicable form and intensity standards of the
R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within
a NCOA, Neighborhood Certificate of Appropriateness, application 21-036 based on their non-
eligible status. The future development of these lots will be require NCOA applications to
evaluate any proposed structures in conformance with The Design Guidelines for Historic
Preservation and the Neighborhood Conservation Overlay, and Section 38.340.050 of the BMC.
38.220.060.A.8 Agriculture
This subdivision will not impact agriculture. On June 2, 2021, the applicant requested a waiver
of this supplemental information which was granted on June 24, 2021. Please see discussion
above under primary review criteria for more information.
38.220.060.A.9 Agricultural Water User Facilities
This subdivision will not impact agricultural water user facilities. No irrigation facilities are
present on the lots. No water body alterations are proposed. On June 2, 2021, the applicant
requested a waiver of this supplemental information which was granted on June 24, 2021. Please
see discussion above under primary review criteria for more information.
38.220.060.A.10 Water and Sewer
The subdivision will not significantly burden the City’s water and sewer infrastructure. On June
2, 2021, the applicant requested a waiver of this supplemental information which was granted on
June 24, 2021. However, the Engineering Department required further information during the
Preliminary Plat Process to ensure the proposed subdivision does not burden the City’s water and
sewer infrastructure. Please see discussion above under primary review criteria for more
information.
38.220.060.A.11 Stormwater Management
The subdivision will not significantly impact stormwater infrastructure. On June 2, 2021, the
applicant requested a waiver of this supplemental information which was granted on June 24,
2021. However, the Engineering Department required further information during the Preliminary
Plat Process to ensure the proposed subdivision does not burden the City’s stormwater
infrastructure. Please see discussion above under primary review criteria for more information.
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38.220.060.A.12 Streets, Roads and Alleys
The subdivision will not significantly impact the City’s street infrastructure and will provide
adequate improvements to support the development. See discussion above under primary review
criteria.
38.220.060.A.13 Utilities
This subdivision will not significantly impact utilities. On June 2, 2021, the applicant requested a
waiver of this supplemental information which was granted on June 24, 2021. However, the
Engineering Department required further information during the Preliminary Plat Process to
ensure the proposed subdivision does not burden the utility infrastructure. Please see discussion
above under primary review criteria for more information.
38.220.060.A.14 Educational Facilities
The subdivision for the addition of one lot to the existing area will not a significantly impact the
existing enrollment of educational facilities and their supporting elements. On June 2, 2021, the
applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
38.220.060.A.15 Land Use
The subdivision will not significantly impact land use. The proposed subdivision will create two
lots for low density residential use. The property is zoned R-2, Residential Moderate Density
District, and is designated as an Urban Neighborhood in the Bozeman Community Plan 2020. On
June 2, 2021, the applicant requested a waiver of this supplemental information which was
granted on June 24, 2021.
38.220.060.A.16 Parks and Recreation Facilities
The subdivision will not significantly impact parks and recreation facilities. On June 2, 2021, the
applicant requested a waiver of this supplemental information which was granted on June 24,
2021. Please see discussion above under primary review criteria for more information.
38.220.060.A.17 Neighborhood Center Plan
The proposed subdivision does not contain nor require a neighborhood center. On June 2, 2021,
the applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
38.220.060.A.18 Lighting Plan
This proposed subdivision does not propose any new lighting or lighting alterations. On June 2,
2021, the applicant requested a waiver of this supplemental information which was granted on
June 24, 2021.
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38.220.060.A.19 Miscellaneous
No additional impacts or hazards are anticipated for this proposed subdivision. On June 2, 2021,
the applicant requested a waiver of this supplemental information which was granted on June 24,
2021.
38.220.060.A.20 Affordable Housing
Due to HB 259, the City is unable to enforce the requirements of Sec. 38.380 the BMC.
SECTION 7 – FINDINGS OF FACT, ORDER AND APPEAL PROVISIONS
A. PURSUANT to Chapter 38, Article 2, BMC, and other applicable sections of Chapter 38,
BMC, public notice was given, opportunity to submit comment was provided to affected
parties, and a review of the preliminary plat described in these findings of fact was
conducted.
B. The purposes of the preliminary plat review were to consider all relevant evidence
relating to public health, safety, welfare, and the other purposes of Chapter 38, BMC; to
evaluate the proposal against the criteria and standards of Chapter 38 BMC, BMC; and to
determine whether the plat should be approved, conditionally approved, or denied.
C. The matter of the preliminary plat application was considered by the City Commission at
a public meeting on September 21, 2021 at which time the Department of Community
Development Staff reviewed the project, submitted and summarized the conditions of
approval, clarified unresolved issues and summarized the public comment submitted to
the City prior to the public hearing.
D. The applicant, Genesis Engineering, Inc., acknowledged understanding and agreement
with the recommended conditions of approval and code provisions.
E. The City Commission requested public comment at the public meeting on September 21,
2021 and received no comments for the project. A video recording of the public meeting
may be found under the linked minutes and recorded video of the meetings located at this
web paged filed under September 21, 2021:
https://www.bozeman.net/government/city-commission/city-commission-video
F. It appeared to the City Commission that all parties and the public wishing to examine the
proposed preliminary plat and offer comment were given the opportunity to do so. After
receiving the recommendation of the relevant advisory bodies established by Section
Chapter 38, BMC, and considering all matters of record presented with the application
and during the public comment period defined by Chapter 38, BMC, the City
Commission has found that the proposed preliminary plat would comply with the
requirements of the Bozeman Municipal Code if certain conditions were imposed.
Therefore, being fully advised of all matters having come before the governing body
regarding this application, the City Commission makes the following decision.
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G.The preliminary plat has been found to meet the criteria of Chapter 38, BMC, and is
therefore approved, subject to the conditions listed in Section 3 of this report and the
correction of any elements not in conformance with the standards of the Chapter
including those identified in Section 3 of this report. The evidence contained in the
submittal materials, advisory body review, public testimony, and this report, justify the
conditions imposed on this development to ensure that the final site plan and subsequent
construction complies with all applicable regulations, and all applicable criteria of
Chapter 38, BMC.
H.This City Commission order may be appealed by bringing an action in the Eighteenth
District Court of Gallatin County, within 30 days after the adoption of this document by
the City Commission, by following the procedures of Section 76-3-625, MCA. The
preliminary approval of this single phased first minor subdivision shall be effective for
one (1) year from the date of the signed Findings of Fact and Order approval. At the end
of this period the City may, at the request of the subdivider, grant an extension to its
approval by the Community Development Director for a period of mutually agreed upon
time.
DATED this ______ day of ___________, 2021
BOZEMAN CITY COMMISSION
____________________________
Cynthia L. Andrus
Mayor
ATTEST
_______________________
Mike Maas
City Clerk
APPROVED AS TO FORM:
___________________________
GREG SULLIVAN
City Attorney
19th October
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APPENDIX A –PROJECT SITE ZONING AND GROWTH POLICY
Zoning Designation and Land Uses:
The property is zoned R-2, Residential Moderate Density District. The intent of the R-2 district
is to provide for one- and two-household residential development at urban densities within the
city in areas that present few or no development constraints. These purposes are accomplished
by: providing for minimum lot sizes in developed areas consistent with the established
development patterns while providing greater flexibility for clustering lots and housing types in
newly developed areas, and providing for community facilities to serve such development while
respecting the residential quality and nature of the area. Use of this zone is appropriate for areas
with moderate access to parks, community services and/or transit.
Adopted Growth Policy Designation:
This property is designated as Urban Neighborhood in the 2020 Community Plan. This category
primarily includes urban density homes in a variety of types, shapes, sizes, and intensities. Large
areas of any single type of housing are discouraged. In limited instances, an area may develop at a
lower gross density due to site constraints and/or natural features such as floodplains or steep
slopes. Complementary uses such as parks, home-based occupations, fire stations, churches,
schools, and some neighborhood-serving commerce provide activity centers for community
gathering and services. The Urban Neighborhood designation indicates that development is
expected to occur within municipal boundaries. This may require annexation prior to development.
Applying a zoning district to specific parcels sets the required and allowed density. Higher density
residential areas are encouraged to be, but are not required or restricted to, proximity to commercial
mixed use areas to facilitate the provision of services and employment opportunities without
requiring the use of a car.
This proposed subdivision is well-suited to implement the Urban Neighborhood designation
based on the location and proposal for a duplex on one lot, and single family home on the other.
The proposed subdivision will blend well with adjacent properties and uses.
APPENDIX B – DETAILED PROJECT DESCRIPTION
Project Background and Description
A preliminary plat application by the property owner and applicant, Charles and Heidi Soper,
and represented by Genesis Engineering, Inc., Architecture, Inc to allow the subdivision of 0.74
acres into two lots.
APPENDIX C– NOTICING AND PUBLIC COMMENT
Notice was provided at least 15 and not more than 45 days prior to the City Commission public
meetings. BMC 38.220.420, Notice was provided by posting on the site and mailing the public
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notice to adjacent landowners of record within 200-feet of the subject property via non-certified
mail by September 2, 2021. The site was posted with a notice on September 2, 2021. Content of
the notice contained all elements required by Article 38.220., BMC.
Public comments have been received in regards to the existing home on the subject property and
its historic status and demolition, the subdivision of the tract, and affordable housing. The
historic status has been evaluated and determined to be “non-eligible”. The future development
of these lots will be require NCOA applications to evaluate any proposed structures in
conformance with The Design Guidelines for Historic Preservation and the Neighborhood
Conservation Overlay, and Section 38.340.050 of the BMC. No archaeological significance has
been identified within the Montana Historic Property Record Survey nor within the applicant’s
submittal documents.
APPENDIX D – PROJECT BACKGROUND
In order to subdivide the subject property and meet applicable form and intensity standards of the
R-2 zoning district, the existing structures were approved for demolition on April 1, 2021, within
NCOA application 21-036 based on their non-eligible status. A subdivision pre-application plan
was reviewed by the DRC in June 2021.
APPENDIX E - OWNER INFORMATION
Owner/Applicant: Charles & Heidi Soper, 124 N. Black Ave., Bozeman, MT 59715
Representatives: Chris Wasia, Genesis Engineering, Inc, 204 N. 11th Ave., Bozeman, MT 59715
Report By: Nakeisha Lyon, AICP, Associate Planner
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this subdivision.
ATTACHMENTS
The full application and file of record can be viewed digitally at
https://www.bozeman.net/government/planning/using-the-planning-map, select the “Project
Documents Folder” link and navigate to application #21282, as well as digitally at the
Community Development Department at 20 E. Olive Street, Bozeman, MT 59715.
Application materials – Available through the Laserfiche archive linked agenda materials and the
full file is linked below.
https://weblink.bozeman.net/WebLink/Browse.aspx?id=238787&dbid=0&repo=BOZEMAN
This project can be viewed on the Community Development Viewer interactive map directly
with this link:
https://gisweb.bozeman.net/Html5Viewer/?viewer=planning&FILE_NUMBER=21-282
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PUBLIC COMMENTS
Public Comments: Seven public comments as denoted below – 1. John Carson
Address: Unknown Received: Via Email Public Comment: I love the historic house of 918 S Tracy. I have good friends that have lived here and it is an incredible place that really means a lot to the people of Bozeman. I would prefer to not divide the lot as it is a great lot!
2. Bronwyn McCormick Address: Unknown Received: Via Email Public Comment: Please reconsider destroying this home. This is a historic & beautiful
log cabin that provides affordable housing for Bozeman locals. Changing this landscape will negatively affect people’s lives and contribute to the “BozeAngeles” trend Bozeman Montana is tragically experiencing. 3. Ben Morris
Address: Unknown Received: Via Email Public Comment: I am a citizen of Bozeman. One of the things I love about bozeman is its architectural charm. The house on 918 s Tracy Ave is a very charming and valuable
piece of architectural history in town. It is also of archaeological significance, with a
group of students discovering artifacts around the property. So as a citizen of Bozeman who appreciates its aesthetics, I stand against the subdivision of the property on which 918 s Tracy Ave resides.
4. Evelyn Power
Address: Unknown Received: Via Email Public Comment: This lot holds the potential of providing college students and community members with a safe and affordable place to live. Please think about the
ramifications of destroying such a beautiful home before greed overtakes decision
making. The destruction of old homesteads like the one you own, is a pitiful response to gentrification and erasing the beauty that historic towns could otherwise preserve. Please give this conscientious thought before proceeding.
5. Deb Love
Address: Unknown Received: Via Email Public Comment: I am writing in support of the Soper minor subdivision at 918 S. Tracy. I am a neighbor, backing up to this property on S. Black, as well as a former tenant of
918. I see absolutely no reason why the city would not approve splitting this rather
enormous lot in two. It is surrounded by apartment buildings, so a subdivision would not impact neighbors, including myself, and in fact, should be promoted as infill. I can also
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attest to the condition of the house that would come down. Suffice it to say that it has lived a long, long life and is ready to go. The Sopers are lifelong Bozeman residents and were amazing landlords. When I first moved to Bozeman 16 years ago, into that house, they welcomed my family with home-baked goodies and warm hearts. They became dear friends. I hope our entire neighborhood can extend that same warm welcome to them as
they move from landlords to tenants at 918. Please approve this subdivision. 6. Carson Taylor Address: Unknown Received: Via Email
Public Comment: My wife and I live across Tracy Street from the subject property. We wish to reflect our support for the Proposal to sub-divide. While the existing house is unique and interesting, we believe that any proposal that will add more dense development is good for our entire community. Adding the density that is proposed by the request, will not significantly change the neighborhood.
7. Geoffrey (Jeff) Hetrick Address: 1005 S. Black Avenue Received: Via Email Public Comment: To whom it may concern I received a notice about the Soper
subdivision on South Tracy. I just wanted to make a comment as someone who lives in the neighborhood right nearby. I’m all for it. It seems like a good idea with Bozeman’s booming population to make it possible for more housing to be built. Subdividing the property will not affect the neighborhood adversely. I see no reason to oppose it.
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